Airworthiness Directives; Airbus SAS Airplanes, 13662-13665 [2023-04465]

Download as PDF Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations (4) For serial numbers 0005 through 0409 inclusive, the actions required by paragraph (g)(2) of this AD may be performed by the owner/operator (pilot) holding at least a private pilot certificate and must be entered into the aircraft records showing compliance with the applicable paragraphs of this AD in accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439. (5) For all serial numbers, the actions required by paragraph (g)(3) of this AD may be performed by the owner/operator (pilot) holding at least a private pilot certificate and must be entered into the aircraft records showing compliance with the applicable paragraphs of this AD in accordance with 14 CFR 43.9(a) and 91.417(a)(2)(v). The record must be maintained as required by 14 CFR 91.417, 121.380, or 135.439. (6) For serial numbers 0005 through 0409 inclusive on which Field Modification FRA00019905 has not been done, within 25 hours TIS after the effective date of this AD: Modify the wiring to remove the CAPS power timer functionality in accordance with step D. of the Accomplishment Instructions of Cirrus SB5X–90–14R1. (h) Credit for Previous Actions You may take credit for the actions required by paragraph (g)(1) of this AD if you performed those actions before the effective date of this AD using Cirrus SF5X Service Bulletin SB5X–90–14, dated December 8, 2022. lotter on DSK11XQN23PROD with RULES1 (i) Alternative Methods of Compliance (AMOCs) (1) The Manager, Chicago ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Cirrus SF5X Service Bulletin SB5X–90– 14R1, dated January 20, 2023. (ii) Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary Change TAFM 22– 03, dated December 8, 2022, for AFM 31452– 001 Revision A1. (iii) Cirrus Vision SF50 Airplane Flight Manual (AFM) Temporary Change TAFM 22– 04, dated December 8, 2022, for AFM 31452– 002 Revision 3. (3) For service information identified in this AD, contact Cirrus Design Corporation, 4515 Taylor Circle, Duluth, MN 55811; phone: (833) 735–0651; email: info@ cirrusaircraft.com; website: cirrusaircraft.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on March 2, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–04631 Filed 3–2–23; 4:15 pm] BILLING CODE 4910–13–P (j) Related Information For more information about this AD, contact Joe Dubusky, Aviation Safety Engineer, Chicago ACO Branch, FAA, 2300 E Devon Avenue, Des Plaines, IL 60018; phone: (847) 294–7543; email: joseph.dubusky@ faa.gov. VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1575; Project Identifier MCAI–2022–00859–T; Amendment 39–22351; AD 2023–04–04] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2020–15– 20, which applied to certain Airbus SAS Model A350–941 and –1041 airplanes. AD 2020–15–20 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2020–15–20 and requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective April 10, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 10, 2023. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of October 2, 2020 (85 FR 53156, August 28, 2020). ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1575; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket SUMMARY: E:\FR\FM\06MRR1.SGM 06MRR1 ER06MR23.011</GPH> 13662 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available in the AD docket at regulations.gov under Docket No. FAA– 2022–1575. FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516–228– 7317; email Dat.V.Le@faa.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020–15–20, Amendment 39–21183 (85 FR 53156, August 28, 2020) (AD 2020–15–20). AD 2020–15–20 applied to certain Airbus SAS Model A350–941 and –1041 airplanes. AD 2020–15–20 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2020–15–20 to address safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. The NPRM published in the Federal Register on December 9, 2022 (87 FR 75525). The NPRM was prompted by AD 2022–0126, dated June 28, 2022, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2022–0126) (referred to after this as the MCAI). The MCAI states that new or more restrictive airworthiness limitations have been developed. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–1575. VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 In the NPRM, the FAA proposed to continue to require the actions in AD 2020–15–20 and to require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in EASA AD 2022–0126. The FAA is issuing this AD to address safetysignificant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. Discussion of Final Airworthiness Directive Comments The FAA received a comment from The Air Line Pilots Association, International (ALPA), who supported the NPRM without change. Conclusion This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 The FAA reviewed EASA AD 2022– 0126. This service information specifies new or more restrictive airworthiness limitations for certification maintenance requirements. This AD also requires EASA AD 2019–0288, dated November 28, 2019, which the Director of the Federal Register approved for incorporation by reference as of October 2, 2020 (85 FR 53156, August 28, 2020). This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. Costs of Compliance The FAA estimates that this AD affects 30 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: The FAA estimates the total cost per operator for the retained actions from PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 13663 AD 2020–15–20 to be $7,650 (90 workhours × $85 per work-hour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new actions to be $7,650 (90 work-hours × $85 per workhour). Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. E:\FR\FM\06MRR1.SGM 06MRR1 13664 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2020–15–20, Amendment 39– 21183 (85 FR 53156, August 28, 2020); and ■ b. Adding the following new AD: ■ ■ 2023–04–04 Airbus SAS: Amendment 39– 22351; Docket No. FAA–2022–1575; Project Identifier MCAI–2022–00859–T. (a) Effective Date This airworthiness directive (AD) is effective April 10, 2023. (b) Affected ADs This AD replaces AD 2020–15–20, Amendment 39–21183 (85 FR 53156, August 28, 2020) (AD 2020–15–20). (c) Applicability This AD applies to Airbus SAS Model A350–941 and –1041 airplanes, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before May 2, 2022. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Unsafe Condition This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address safety-significant latent failures that would, in combination with one or more other specific failures or events, result in a hazardous or catastrophic failure condition. lotter on DSK11XQN23PROD with RULES1 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision of the Existing Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2020–15–20, with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 before August 20, 2019, except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2019–0288, dated November 28, 2019 (EASA AD 2019–0288). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (j) of this AD terminates the requirements of this paragraph. (h) Retained Exceptions to EASA AD 2019– 0288 With No Changes This paragraph restates the exceptions specified in paragraph (j) of AD 2020–15–20, With no changes. (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2019– 0288 do not apply to this AD. (2) Paragraph (3) of EASA AD 2019–0288 specifies revising ‘‘the approved AMP’’ within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, to incorporate the ‘‘maintenance tasks and associated thresholds and intervals’’ specified in paragraph (3) of EASA AD 2019–0288 within 90 days after October 2, 2020 (the effective date of AD 2020–15– 20). (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2019–0288 is at the applicable ‘‘associated thresholds’’ specified in paragraph (3) of EASA AD 2019–0288, or within 90 days after October 2, 2020 (the effective date of AD 2020–15–20). (4) The provisions specified in paragraphs (4) and (5) of EASA AD 2019–0288 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2019–0288 does not apply to this AD. (i) Retained Restrictions on Alternative Actions and Intervals With a New Exception This paragraph restates the requirements of paragraph (k) of AD 2020–15–20, with a new exception. Except as required by paragraph (j) of this AD, after the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2019–0288. (j) New Revision of the Existing Maintenance or Inspection Program Except as specified in paragraph (k) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2022–0126, dated June 28, 2022 (EASA AD 2022–0126). Accomplishing the maintenance or inspection program revision required by this paragraph terminates the requirements of paragraph (g) of this AD. (k) Exceptions to EASA AD 2022–0126 (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2022– 0126 do not apply to this AD. (2) Paragraph (3) of EASA AD 2022–0126 specifies revising ‘‘the approved AMP’’ within 12 months after its effective date, but PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 this AD requires revising the existing maintenance or inspection program, as applicable within 90 days after the effective date of this AD (3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2022–0126 is at the applicable ‘‘associated thresholds’’ as incorporated by the requirements of paragraph (3) of EASA AD 2022–0126, or within 90 days after the effective date of this AD, whichever occurs later. (4) The provisions specified in paragraphs (4) and (5) of EASA AD 2022–0126 do not apply to this AD. (5) The ‘‘Remarks’’ section of EASA AD 2022–0126 does not apply to this AD. (l) New Provisions for Alternative Actions and Intervals After the maintenance or inspection program has been revised as required by paragraph (j) of this AD, no alternative actions (e.g., inspections) or intervals are allowed unless they are approved as specified in the provisions of the ‘‘Ref. Publications’’ section of EASA AD 2022– 0126. (m) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (n) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (n) Additional Information For more information about this AD, contact Dat Le, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516–228– 7317; email Dat.V.Le@faa.gov. (o) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. E:\FR\FM\06MRR1.SGM 06MRR1 Federal Register / Vol. 88, No. 43 / Monday, March 6, 2023 / Rules and Regulations (3) The following service information was approved for IBR on April 10, 2023. (i) European Union Aviation Safety Agency (EASA) AD 2022–0126, dated June 28, 2022. (ii) [Reserved] (4) The following service information was approved for IBR on October 2, 2020 (85 FR 53156, August 28, 2020). (i) European Union Aviation Safety Agency (EASA) AD 2019–0288, dated November 28, 2019. (ii) [Reserved] (5) For EASA ADs 2022–0126 and 2019– 0288, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find these EASA ADs on the EASA website at ad.easa.europa.eu. (6) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (7) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. Issued on February 15, 2023. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–04465 Filed 3–3–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1573; Project Identifier MCAI–2022–00671–T; Amendment 39–22353; AD 2023–04–06] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2020–22– 16, AD 2021–16–01, and AD 2022–04– 03, which applied to certain Airbus SAS Model A318, A320, and A321 series airplanes; and Model A319–111, –112, –113, –114, –115, –131, –132, –133, –151N, and –153N airplanes. AD 2020– 22–16, AD 2021–16–01, and AD 2022– 04–03 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:15 Mar 03, 2023 Jkt 259001 This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2020–22–16, AD 2021–16–01, and AD 2022–04–03, and also requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference (IBR). The FAA is issuing this AD to address the unsafe condition on these products. This AD is effective April 10, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 10, 2023. The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of March 30, 2022 (87 FR 10064, February 23, 2022). The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of September 28, 2021 (86 FR 47212, August 24, 2021). The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of December 10, 2020 (85 FR 70439, November 5, 2020). ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1573; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For EASA material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. DATES: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 13665 It is also available in the AD docket at regulations.gov under Docket No. FAA– 2022–1573. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3229; email Vladimir.Ulyanov@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2020–22–16, Amendment 39–21312 (85 FR 70439, November 5, 2020) (AD 2020–22–16), AD 2021–16–01, Amendment 39–21662 (86 FR 47212, August 24, 2021) (AD 2021–16–01), and AD 2022–04–03, Amendment 39–21944 (87 FR 10064, February 23, 2022) (AD 2022–04–03). AD 2020–22–16, AD 2021–16–01, and AD 2022–04–03 applied to certain Airbus SAS Model A318, A320, and A321 series airplanes; and Model A319– 111, –112, –113, –114, –115, –131, –132, –133, –151N, and –153N airplanes. AD 2020–22–16, AD 2021–16–01, and AD 2022–04–03 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. AD 2021–16–01 specified that accomplishing the revision required by that AD terminates the corresponding requirements of AD 2020–22–16, for the tasks identified in the service information referred to in EASA AD 2020–0219, dated October 12, 2020, only. AD 2022–04–03 specified that accomplishing the revision required by that AD terminates the limitations of Task 262300–00001–1–C, as required by paragraph (i) of AD 2020–22–16, for airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before January 17, 2020 only. The FAA issued AD 2020–22–16, AD 2021–16–01, and AD 2022–04–03 to address safetysignificant latent failure (that is not annunciated), which, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition. The NPRM published in the Federal Register on December 6, 2022 (87 FR 74530). The NPRM was prompted by AD 2022–0091, dated May 20, 2022, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2022–0091) (referred to after this as the MCAI). The MCAI states that new or more restrictive airworthiness limitations have been E:\FR\FM\06MRR1.SGM 06MRR1

Agencies

[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Rules and Regulations]
[Pages 13662-13665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04465]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1575; Project Identifier MCAI-2022-00859-T; 
Amendment 39-22351; AD 2023-04-04]
RIN 2120-AA64


Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-15-
20, which applied to certain Airbus SAS Model A350-941 and -1041 
airplanes. AD 2020-15-20 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. This AD was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary. This AD continues to require the actions in AD 2020-15-
20 and requires revising the existing maintenance or inspection 
program, as applicable, to incorporate additional new or more 
restrictive airworthiness limitations, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is incorporated by reference. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective April 10, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 10, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of 
October 2, 2020 (85 FR 53156, August 28, 2020).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-1575; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket

[[Page 13663]]

contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email [email protected]; website easa.europa.eu. You may 
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2022-1575.

FOR FURTHER INFORMATION CONTACT: Dat Le, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 516-228-7317; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-15-20, Amendment 39-21183 (85 FR 
53156, August 28, 2020) (AD 2020-15-20). AD 2020-15-20 applied to 
certain Airbus SAS Model A350-941 and -1041 airplanes. AD 2020-15-20 
required revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. The FAA issued AD 2020-15-20 to address safety-significant 
latent failures that would, in combination with one or more other 
specific failures or events, result in a hazardous or catastrophic 
failure condition.
    The NPRM published in the Federal Register on December 9, 2022 (87 
FR 75525). The NPRM was prompted by AD 2022-0126, dated June 28, 2022, 
issued by EASA, which is the Technical Agent for the Member States of 
the European Union (EASA AD 2022-0126) (referred to after this as the 
MCAI). The MCAI states that new or more restrictive airworthiness 
limitations have been developed.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1575.
    In the NPRM, the FAA proposed to continue to require the actions in 
AD 2020-15-20 and to require revising the existing maintenance or 
inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2022-0126. The FAA is issuing this AD to address safety-significant 
latent failures that would, in combination with one or more other 
specific failures or events, result in a hazardous or catastrophic 
failure condition.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from The Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed EASA AD 2022-0126. This service information 
specifies new or more restrictive airworthiness limitations for 
certification maintenance requirements.
    This AD also requires EASA AD 2019-0288, dated November 28, 2019, 
which the Director of the Federal Register approved for incorporation 
by reference as of October 2, 2020 (85 FR 53156, August 28, 2020).
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 30 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2020-15-20 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

[[Page 13664]]

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-15-20, Amendment 39-21183 
(85 FR 53156, August 28, 2020); and
0
b. Adding the following new AD:

2023-04-04 Airbus SAS: Amendment 39-22351; Docket No. FAA-2022-1575; 
Project Identifier MCAI-2022-00859-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 10, 2023.

(b) Affected ADs

    This AD replaces AD 2020-15-20, Amendment 39-21183 (85 FR 53156, 
August 28, 2020) (AD 2020-15-20).

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041 
airplanes, certificated in any category, with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before May 2, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address safety-significant latent failures that 
would, in combination with one or more other specific failures or 
events, result in a hazardous or catastrophic failure condition.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2020-15-20, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before August 20, 2019, except as 
specified in paragraph (h) of this AD: Comply with all required 
actions and compliance times specified in, and in accordance with, 
European Union Aviation Safety Agency (EASA) AD 2019-0288, dated 
November 28, 2019 (EASA AD 2019-0288). Accomplishing the revision of 
the existing maintenance or inspection program required by paragraph 
(j) of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2019-0288 With No Changes

    This paragraph restates the exceptions specified in paragraph 
(j) of AD 2020-15-20, With no changes.
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2019-0288 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2019-0288 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, to incorporate the ``maintenance tasks and associated 
thresholds and intervals'' specified in paragraph (3) of EASA AD 
2019-0288 within 90 days after October 2, 2020 (the effective date 
of AD 2020-15-20).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2019-0288 is at the applicable ``associated 
thresholds'' specified in paragraph (3) of EASA AD 2019-0288, or 
within 90 days after October 2, 2020 (the effective date of AD 2020-
15-20).
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2019-0288 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2019-0288 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals With a 
New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2020-15-20, with a new exception. Except as required by paragraph 
(j) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2019-0288.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0126, dated June 28, 2022 (EASA AD 
2022-0126). Accomplishing the maintenance or inspection program 
revision required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0126

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2022-0126 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0126 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable within 90 days after the effective date of this AD
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0126 is at the applicable ``associated 
thresholds'' as incorporated by the requirements of paragraph (3) of 
EASA AD 2022-0126, or within 90 days after the effective date of 
this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2022-0126 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0126 does not apply 
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (j) of this AD, no alternative actions (e.g., 
inspections) or intervals are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2022-0126.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (n) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(n) Additional Information

    For more information about this AD, contact Dat Le, Aerospace 
Engineer, Large Aircraft Section, FAA, International Validation 
Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 516-
228-7317; email [email protected].

(o) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.

[[Page 13665]]

    (3) The following service information was approved for IBR on 
April 10, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0126, 
dated June 28, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
October 2, 2020 (85 FR 53156, August 28, 2020).
    (i) European Union Aviation Safety Agency (EASA) AD 2019-0288, 
dated November 28, 2019.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0126 and 2019-0288, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; website easa.europa.eu. You may find these 
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (7) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 15, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-04465 Filed 3-3-23; 8:45 am]
BILLING CODE 4910-13-P

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